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How an embattled energy storage project in Acton, California, is threatening faster federal permits.

One hour north of Los Angeles, the small town of Acton is experiencing a battery energy storage buildout — and quickly becoming the must-watch frontline in the backlash against lithium-ion energy storage systems. The flashpoint: wildfires.
Like many parts of California, Acton has hot summers with heavy winds, putting it at elevated risk of the kind blaze that makes national headlines. Battery storage fires, while rare, are a unique threat, with relatively little data available about them to help regulators or the public understand the risk. People in Acton wondered: Would they really be safe if a wildfire engulfed a battery storage site, or if a battery failure sparked a new conflagration?
When L.A. County blessed the first battery energy storage system project in Acton last year, developers and local fire officials said they were doing everything in their power to ensure the batteries would meet safety standards. Residents were far from convinced.
“This will turn our community into industrial hell and it’ll erase us from the face of the Earth,” Jacqueline Ayer, a member of Acton’s town council, told me. Ayer is helping lead the local fight against the projects.
I’ve now spent more than a month researching the fight in Acton. In the process, I’ve learned how much — or little — we know about when battery energy storage and wildfires mix. We’ll get to that later in this story. To be honest, debunking battery fire risk wasn’t why I spent a month on Acton. It was what happened when the fears took hold.
Feeling they’d been failed by both the regulatory approval process and the court system, the Acton project’s opponents turned to their representative in Washington, House Republican Mike Garcia. Though Garcia can’t do anything to stop this particular project, he can severely hinder future ones: As Heatmap can exclusively report, after lobbying from Acton, Garcia inserted language into the annual funding bill for the Department of Energy that would block it from implementing a new rule designed to expedite permits for federally funded battery projects.
“What we’re hoping is that [with Garcia] being at the federal level, he’ll shed some light to the people at the top,” said Ruthie Brock of the activist group Acton Takes Action, “because if the top becomes informed, it’ll trickle down to local governments.”
This is why the Acton fight is so important — it demonstrates the risk of failing to obtain community buy-in, which can ricochet in ways no one intended. The political and media environments are quick to sensationalize the downsides of renewable energy, creating a tinderbox atmosphere in which small local fights can quickly become national ones.
On some level, a fight over battery fires going national was inevitable. Across the country, from New York to Washington state, communities are revolting against battery energy storage sites coming to their backyards. Often, those opposed cite the feared threat of fires or explosions.
Fires in battery energy storage systems, a.k.a. BESS, are quite rare. According to what data is available, the number of fires has stayed relatively flat even as deployment has grown drastically. There were fewer than 10 failure events in the U.S. in 2023, and there have been even fewer so far this year.
But when a fire does happen, experts say it can be quite difficult to put out. In some cases, there’s nothing a community can do other than let the blaze run.
“There’s a lack of consensus. There’s a lot of experts out there providing guidance, and that’s something we’re trying to work on with training throughout the country,” Victoria Hutchinson, an engineer with the Fire Protection Research Foundation, told me. “[It’ll] instill some fear in the meantime we figure out the best approach.”
Information on BESS and wildfires is even less available. Guillermo Rein, a professor of fire science and the editor-in-chief of the journal Fire Technology, told me the matter has not really been studied.
“When I say [BESS are] new, I mean really new,” Rein said. “We hardly know how it works when it gets [on] fire and we don’t have many technologies that are proven to work. We have technologies that we wish will work, but proven technologies that work are very rare. That means we have a new hazard we are struggling to understand and in the meantime, we don’t know how to protect against it.”
Los Angeles County approved Acton’s first battery storage system — Humidor, a 300 megawatt project by Hecate Energy — last summer through an expedited “ministerial” process, the local equivalent of a “categorical exclusion” under the National Environmental Policy Act. Ministerial reviews and categorical exclusions are used by regulators to skip the drawn out process of an environmental review because they can reasonably predict a lack of significant impact. Joseph Horvath, a spokesperson for L.A. County Planning, gave me a statement defending the approval and stating BESS projects must meet all local and state zoning and fire codes to receive a ministerial approval.
California had identified the Acton community back in 2021 as a potential site for energy storage to protect against future power shut offs. Acton made sense because it’s close to the SoCal Edison Vincent substation, making it well positioned to connect to the grid. There was also a real sense of urgency: To achieve its goal of 100% carbon-free electricity by 2045, the state estimates it will need to install a projected 52,000 megawatts or more of battery storage. Humidor is the first of what appears to be multiple projects being planned for the area, including two more Hecate facilities according to materials on the company’s website.
Convinced that a battery boom could mix poorly with extreme fire risk, and that the county moved far too fast to approve Humidor, Acton residents sued. The county, they argued, had little reason to conclude the facility would have an insignificant impact on the environment — so few BESS projects have been approved that the county used the standards from a different kind of project — an electrical substation — to draw that conclusion. L.A. County Planning told me they chose this comparison for reasons including the “purpose of BESS and its connection to the larger network for distributive purposes.”
Rein told me that at least when it comes to the fire risk, this isn’t an accurate comparison, and that there’s not actually enough data to claim such a facility would have an insignificant impact. “I would put great efforts into making sure this facility is safe,” he said. “They can’t just say, I met the regulation, I did enough. Because it’s a new hazard.”
Many of those in Acton opposed to the project believe the approval was rushed, and claim that little information was made available to the public as it was going through the county’s process. Furious residents have told county planners that the Acton town council was not notified in advance that an approval was on its way. They testified before the county board of supervisors that Hecate held only a single public meeting to discuss what it intended to build, with little notice given to potentially concerned citizens.
In my experience as a journalist reporting on large energy projects with serious community impacts, transparency is key to getting local buy-in to build a project. For years I covered the mining industry, where innumerable decades of toxic waste spills and labor scandals have forced companies to really innovate and spend serious dough on obtaining “social license to operate,” a term developers and investors use to describe acceptance to a company’s business practices.
This, of course, differs from the YIMBY school of thought that companies and governments should eschew frustrated municipalities to pursue the overriding net good of climate action. There are certainly merits to this argument, especially when it comes to communities that won’t take yes for an answer, and we’ll be exploring case studies supporting that view in future editions of The Fight.
I’m on the fence about whether Acton is one of those cases, though. Ayer, an environmental engineer by trade, told me she supports decarbonization and wants to see climate action happen. She just wants to feel assured the technology is safe.
If it wasn’t a lithium-ion battery storage facility “I would feel comfortable,” she said. “We will shoulder some of the weight. But it isn’t right that we shoulder all of the weight.”
When I tried to talk to Hecate about Acton’s wildfire concerns and how the company had engaged with the community, a company spokesperson, Bobby Howard, declined to make anyone available for an interview citing “ongoing litigation related to the subject.” Howard provided a factbook that said only that Humidor would “meet or exceed” local and state fire codes — without specifying which codes — and detailed some of the outreach the company did, including the public meeting as well as mailers to “thousands of individuals throughout the greater Los Angeles area, including civically engaged individuals throughout Acton.”
Howard declined to answer questions requesting more information about the company’s public outreach and wildfire planning. He did tell the Los Angeles Times earlier this year that Humidor would have “seismic bracing, safety zones around the perimeter, substantial setbacks from parcel boundaries, gravel breaks and a masonry wall around the facility.”
Stanford University senior research scholar and legal energy expert Michael Wara explained to me that in cases like these, having buy-in from the community is important to avoiding litigation and social blowback. “That is losing,” Wara said. “You have not served your client if you end up in litigation.”
“Having a process by which people are informed about a project and have an opportunity to provide input is important for buy-in for all kinds of projects related to the energy transition if you want to build in a democratic society,” he said. “Is it really the fire risk the community is concerned about?”
When it comes to the Acton battery fight, it’s the fears of fire that scare me the most, not the fire itself.
I sought reasons to be optimistic about putting battery energy storage in areas like Acton that are prone to wildfire because, well, California is essentially one big fire risk zone. James Campbell, a wildfire policy expert at the Federation of American Scientists, told me that battery energy storage decreases net wildfire risk compared to gas storage tanks and pipelines. “If we consider the whole-climate trade-offs, battery systems are much safer,” he said.
On its end, Hecate claimed in a letter to the L.A. County Board of Supervisors that a BESS fire has never traveled off-site, and that because the fires are fueled by flammable gasses, there is minimal risk of embers traveling elsewhere and igniting grass or bushes. The company pointed me to this letter when I reached out for comment.
“Nothing about fire risk mitigation is about certainty. It’s more, risk mitigation and fire is kind of like wearing a seatbelt,” Wara told me. “If you’re going 120 miles an hour down the highway and you get in a high-speed collision, your seatbelt will not save you. [But] there’s rapid advances in how these systems work.”
In the end, he added, meeting California’s carbon emissions targets will “probably mean building somewhere that there is non-trivial wildfire risk.”
What’s happening to offshore wind should be a cautionary tale for developers considering whether sinking time and money into community relations is really worth it: Last year, coastal fishermen and beach town mayors in New Jersey joined forces with fossil fuel funding and right-wing agitators to foment a conspiracy-infused campaign against offshore wind that has truly rattled the future of the industry.
Part of that offshore wind backlash grew out of New Jersey Republicans in Congress using the pulpit of their offices and filing amendments to legislation. As Garcia takes up Acton’s cause, I do wonder whether battery energy storage might be next. November’s election makes it less likely his language hindering expedited approvals for BESS projects will make it into the final funding bill, and Garcia’s office did not respond to requests to discuss its prospects.
But regardless, it’s an ember that could become a fire of its own.
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What happens when one of energy’s oldest bottlenecks meets its newest demand driver?
Often the biggest impediment to building renewable energy projects or data center infrastructure isn’t getting government approvals, it’s overcoming local opposition. When it comes to the transmission that connects energy to the grid, however, companies and politicians of all stripes are used to being most concerned about those at the top – the politicians and regulators at every level who can’t seem to get their acts together.
What will happen when the fiery fights on each end of the wire meet the broken, unplanned spaghetti monster of grid development our country struggles with today? Nothing great.
The transmission fights of the data center boom have only just begun. Utilities will have to spend lots of money on getting energy from Point A to Point B – at least $500 billion over the next five years, to be precise. That’s according to a survey of earnings information published by think tank Power Lines on Tuesday, which found roughly half of all utility infrastructure spending will go toward the grid.
But big wires aren’t very popular. When Heatmap polled various types of energy projects last September, we found that self-identified Democrats and Republicans were mostly neutral on large-scale power lines. Independent voters, though? Transmission was their second least preferred technology, ranking below only coal power.
Making matters far more complex, grid planning is spread out across decision-makers. At the regional level, governance is split into 10 areas overseen by regional transmission organizations, known as RTOs, or independent system operators, known as ISOs. RTOs and ISOs plan transmission projects, often proposing infrastructure to keep the grid resilient and functional. These bodies are also tasked with planning the future of their own grids, or at least they are supposed to – many observers have decried RTOs and ISOs as outmoded and slow to respond. Utilities and electricity co-ops also do this planning at various scales. And each of these bodies must navigate federal regulators and permitting processes, utility commissions for each state they touch, on top of the usual raft of local authorities.
The mid-Atlantic region is overseen by PJM Interconnection, a body now under pressure from state governors in the territory to ensure the data center boom doesn’t unnecessarily drive up costs for consumers. The irony, though, is that these governors are going to be under incredible pressure to have their states act against individual transmission projects in ways that will eventually undercut affordability.
Virginia, for instance – known now as Data Center Alley – is flanked by states that are politically diverse. West Virginia is now a Republican stronghold, but was long a Democratic bastion. Maryland had a Republican governor only a few years ago. Virginia and Pennsylvania regularly change party control. These dynamics are among the many drivers behind the opposition against the Piedmont Reliability Project, which would run from a nuclear plant in Pennsylvania to northern Virginia, cutting across spans of Maryland farmland ripe for land use conflict. The timeline for this project is currently unclear due to administrative delays.
Another major fight is brewing with NextEra’s Mid-Atlantic Resiliency Link, or MARL project. Spanning four states – and therefore four utility commissions – the MARL was approved by PJM Interconnection to meet rising electricity demand across West Virginia, Virginia, Maryland and Pennsylvania. It still requires approval from each state utility commission, however. Potentially affected residents in West Virginia are hopping mad about the project, and state Democratic lawmakers are urging the utility commission to reject it.
In West Virginia, as well as Virginia and Maryland, NextEra has applied for a certificate of public convenience and necessity to build the MARL project, a permit that opponents have claimed would grant it the authority to exercise eminent domain. (NextEra has said it will do what it can to work well with landowners. The company did not respond to a request for comment.)
“The biggest problem facing transmission is that there’s so many problems facing transmission,” said Liza Reed, director of climate and energy at the Niskanen Center, a policy think tank. “You have multiple layers of approval you have to go through for a line that is going to provide broader benefits in reliability and resilience across the system.”
Hyperlocal fracases certainly do matter. Reed explained to me that “often folks who are approving the line at the state or local level are looking at the benefits they’re receiving – and that’s one of the barriers transmission can have.” That is, when one state utility commission looks at a power line project, they’re essentially forced to evaluate the costs and benefits from just a portion of it.
She pointed to the example of a Transource line proposed by PJM almost 10 years ago to send excess capacity from Pennsylvania to Maryland. It wasn’t delayed by protests over the line itself – the Pennsylvania Public Utilities Commission opposed the project because it thought the result would be net higher electricity bills for folks in the Keystone State. That’s despite whatever benefits would come from selling the electricity to Maryland and consumer benefits for their southern neighbors. The lesson: Whoever feels they’re getting the raw end of the line will likely try to stop it, and there’s little to nothing anyone else can do to stop them.
These hyperlocal fears about projects with broader regional benefits can be easy targets for conservation-focused environmental advocates. Not only could they take your land, the argument goes, they’re also branching out to states with dirtier forms of energy that could pollute your air.
“We do need more energy infrastructure to move renewable energy,” said Julie Bolthouse, director of land use for the Virginia conservation group Piedmont Environmental Council, after I asked her why she’s opposing lots of the transmission in Virginia. “This is pulling away from that investment. This is eating up all of our utility funding. All of our money is going to these massive transmission lines to give this incredible amount of power to data centers in Virginia when it could be used to invest in solar, to invest in transmission for renewables we can use. Instead it’s delivering gas and coal from West Virginia and the Ohio River Valley.”
Daniel Palken of Arnold Ventures, who previously worked on major pieces of transmission reform legislation in the U.S. Senate, said when asked if local opposition was a bigger problem than macro permitting issues: “I do not think local opposition is the main thing holding up transmission.”
But then he texted me to clarify. “What’s unique about transmission is that in order for local opposition to even matter, there has to be a functional planning process that gets transmission lines to the starting line. And right now, only about half the country has functional regional planning, and none of the country has functional interregional planning.”
It’s challenging to fathom a solution to such a fragmented, nauseating puzzle. One solution could be in Congress, where climate hawks and transmission reform champions want to empower the Federal Energy Regulatory Commission to have primacy over transmission line approvals, as it has over gas pipelines. This would at the very least contain any conflicts over transmission lines to one deciding body.
“It’s an old saw: Depending on the issue, I’ll tell you that I’m supportive of states’ rights,” Representative Sean Casten told me last December. “[I]t makes no sense that if you want to build a gas pipeline across multiple states in the U.S., you go to FERC and they are the sole permitting authority and they decide whether or not you get a permit. If you go to the same corridor and build an electric transmission that has less to worry about because there’s no chance of leaks, you have a different permitting body every time you cross a state line.”
Another solution could come from the tech sector thinking fast on its feet. Google for example is investing in “advanced” transmission projects like reconductoring, which the company says will allow it to increase the capacity of existing power lines. Microsoft is also experimenting with smaller superconductor lines they claim deliver the same amount of power than traditional wires.
But this space is evolving and in its infancy. “Getting into the business of transmission development is very complicated and takes a lot of time. That’s why we’ve seen data centers trying a lot of different tactics,” Reed said. “I think there’s a lot of interest, but turning that into specific projects and solutions is still to come. I think it’s also made harder by how highly local these decisions are.”
Plus more of the week’s biggest development fights.
1. Franklin County, Maine – The fate of the first statewide data center ban hinges on whether a governor running for a Democratic Senate nomination is willing to veto over a single town’s project.
2. Jerome County, Idaho – The county home to the now-defunct Lava Ridge wind farm just restricted solar energy, too.
3. Shelby County, Tennessee - The NAACP has joined with environmentalists to sue one of Elon Musk’s data centers in Memphis, claiming it is illegally operating more than two dozen gas turbines.
4. Richland County, Ohio - This Ohio county is going to vote in a few weeks on a ballot initiative that would overturn its solar and wind ban. I am less optimistic about it than many other energy nerds I’ve seen chattering the past week.
5. Racine County, Wisconsin – I close this week’s Hotspots with a bonus request: Please listen to this data center noise.
A chat with Scott Blalock of Australian energy company Wärtsilä.
This week’s conversation is with Scott Blalock of Australian energy company Wärtsilä. I spoke with Blalock this week amidst my reporting on transmission after getting an email asking whether I understood that data centers don’t really know how much battery storage they need. Upon hearing this, I realized I didn’t even really understand how data centers – still a novel phenomenon to me – were incorporating large-scale battery storage at all. How does that work when AI power demand can be so dynamic?
Blalock helped me realize that in some ways, it’s more of the same, and in others, it’s a whole new ballgame.
The following chat was lightly edited for clarity.
So help me understand how the battery storage side of your business is changing due to the rise in data center development.
We’re really in the early stages for energy storage. The boom is really in generation – batteries aren’t generators. They store, they shift, they smooth power, but they don’t generate the power from fuel. In this boom right now, everyone is trying to find either grid connections or on-site power generation. Those are the longest lead time items – they take a while – so we’re still in the early stages of those types of projects coming back and saying, we need to start procuring batteries. We need to start looking at the controls and how everything’s going to work together. That’s still a little bit in the future.
Are you seeing people deploy batteries responsibly, in an integrated way, or is it people unsure what they need?
There’s definitely uncertainty as to what they need. The requirements are still hard to nail down. A lot of the requirements come from the load curve of the AI workloads they’re doing, and that’s still a bit of a moving target. It’s the importance of knowing the whole system and planning that out in the modeling space.
The biggest space of all this is the load profile. Without a load profile, there’s uncertainty about what you’re going to need –
When you say load profile, what do you mean?
The AI workload. The GPUs. The volatility. In a synchronized training load, all of the GPUs are generally doing the same thing at the same time. They all reach a pause state at the same time, and you’re close to full power on the data center, and then they say, okay now we go idle. It has a little bit of a wait and then starts back up again.
It’s that square wave, very sharp changes in power – that’s the new challenge of an AI data center. That’s one of the new uses of BESS that’s being added compared to the traditional data center doing data storage. They’re more stable which use less power and are more stable.
The volatility is where some of the friction comes in, and that has to be handled by some technology.
So what you’re telling me is that data center developers do not know how much they need in terms of battery storage? Simply put, they don’t know how much power they need?
Traditionally, utility-scale batteries – the projects we’ve been doing – come from a PPA, an interconnect agreement. There’s something in place where they know exactly how many batteries they can install. They know how many megawatts they’re allowed to install. Then they come to us and they say, I need a 4-megawatt battery for two hours. Tell me how many batteries you’re going to give me.
In a data center, they don’t know that first number. They don’t know how many megawatts they need. So that’s the first question: well, how big of a battery do you need?
If you have a 1-gigawatt data center that means the load change is 60% of that – 600 megawatts is the step up-and-down. The starting point is 600 megawatts for two hours. That’s the starting point that’ll cover being able to take care of that volatility. The duration is a part of it, too. From there you get into more detailed studies.
When it comes to transmission, how much of a factor is it in how much storage a data center needs?
The first thing is whether it’s connected at all. The battery is a shock absorber for the whole system. If you are grid-connected, the BESS is still a stability asset – it’s still improving the power quality and stability at an interconnect. If you’re doing on-site generation, it becomes vital because you have only one system being controlled.
As far as when you talk about permitting and transmission, the details of that don’t really play that much into the BESS, but it’s tangentially related. The BESS is an important part of how you handle that situation. Whether you get to interconnect or not, it’s an extremely important asset in that mix.
With respect to the overall social license conversation, how does battery storage fit into the conversations around energy bills and strain on the grid?
Bias aside, I think it’s the most important piece.
If you look at the macro scale, it’s like transitioning to renewables where they’re intermittent; batteries turn intermittent generation from renewables into firm, dispatchable power. It’s still not going to be available all the time – you’re not going to turn a solar plant into a 24-hour baseload plant – but a battery allows you to shift the energy. It greatly alleviates the problem.
The other aspect is it’s a stability asset. The short version of that is you have big thermal plants – rotating metal masses that have momentum to them that stabilize everything on the grid. As you take those offline, the coal plants and the gas plants, the grid itself loses that inertia so it is more susceptible to spikes and failures because of small events. Batteries are able to synthesize that inertia.